The legal issue of a last will and testament in favor of a fetus (unborn child) is one of the subjects thoroughly discussed in Islamic jurisprudence books. However, in the Iranian Civil Code, there are only two articles related to this matter, namely Articles 1851 and 1852. There are some controversies regarding the conditions necessary for the validity of this kind of last will and testament. Islamic jurisprudence scholars have generally stated three conditions for such a last will and testament to be valid in favor of a fetus. First, to benefit from civil rights in general, and a last will and testament in particular, the fetus must exist at the time the will is made. Secondly, the fetus must be born alive, even if he or she dies immediately after birth. Finally, they maintain that the offer of the last will and testament must be accepted; otherwise, it is not effective. This article aims to examine the necessity of these conditions. The method used in this article is descriptive-analytical. Data have been collected through notes from relevant sources and analyzed with regard to the views of Islamic jurisprudence scholars and civil provisions. The findings of this study are as follows: 1. There is no doubt about the validity of a will and testament in favor of a fetus. 2. The fetus must exist at the time the will is made. 3. It is necessary for the validity of such a will that the fetus be born alive. 4. There is no need for a last will and testament in favor of a fetus to be accepted.
Dadmarzi, S. M. and Rezaei, R. (2018). Conditions of validity of last will and testament for fetus in jurisprudence and Islamic law. Journal of Islamic Law Research, 19(1), 209-234. doi: 10.30497/law.2018.2308
MLA
Dadmarzi, S. M. , and Rezaei, R. . "Conditions of validity of last will and testament for fetus in jurisprudence and Islamic law", Journal of Islamic Law Research, 19, 1, 2018, 209-234. doi: 10.30497/law.2018.2308
HARVARD
Dadmarzi, S. M., Rezaei, R. (2018). 'Conditions of validity of last will and testament for fetus in jurisprudence and Islamic law', Journal of Islamic Law Research, 19(1), pp. 209-234. doi: 10.30497/law.2018.2308
CHICAGO
S. M. Dadmarzi and R. Rezaei, "Conditions of validity of last will and testament for fetus in jurisprudence and Islamic law," Journal of Islamic Law Research, 19 1 (2018): 209-234, doi: 10.30497/law.2018.2308
VANCOUVER
Dadmarzi, S. M., Rezaei, R. Conditions of validity of last will and testament for fetus in jurisprudence and Islamic law. Journal of Islamic Law Research, 2018; 19(1): 209-234. doi: 10.30497/law.2018.2308
)
